Whiplash is a well-known type of personal injury. Unfortunately, not a lot of people know what to do when they suffer a whiplash, especially if it occurs while they are living in another country. Liability lawyer Glenn Kerver explains what whiplash is, when to take action and how to get justice through the law.
A “classic” whiplash injury is said to occur when a person’s head is forced rapidly backwards and then forwards, for example in a vehicle collision. However, broadly speaking, whiplash injury can refer to all complaints that arise after a violent movement of the head, regardless of the direction.
The vast majority of whiplash cases are caused by collisions with motor vehicles. However, whiplash can also be caused by contact sports injuries, accidents, assaults, falls or other traumatic events where the cervical vertebrae are injured through rapid acceleration or deceleration.
Learn more – read the Top 7 FAQ about whiplash and liability.
In a personal injury case, the person who caused the whiplash is liable for the damage incurred. The liability must of course be proven. In most cases, the perpetrator’s insurance company will be the party with which the victim communicates.
It often happens that such an insurance company will take the position that the victim’s complaints are not caused by the accident. This is particularly the case with cognitive complaints such as forgetfulness, concentration problems or fatigue. Such complaints can sometimes even be trivialised, which can be insulting to the victim. If you are involved in such a battle, a personal injury lawyer is a must.
See also: How to get justice for a personal injury in the Netherlands
If the liability is recognised by the perpetrator or if it is determined by a judge, the following costs are eligible for reimbursement:
To take action, follow these steps:
Complete an accident form immediately after the accident and have it signed by all parties involved. Take photos of the damage or of the location and ask any witnesses for their details.
Even if you have only received emergency care, it is important to keep your medical record as complete as possible.
Enlist a personal injury lawyer to hold the perpetrator or their insurer liable. Your lawyer will guide you through the entire process.
Often interests do not run parallel between you and the liable party. It is therefore necessary to be supported by an expert lawyer who represents your interests.
GMW lawyers can guide you through the entire process, with personal injury lawyers who can assist you in English, Dutch and Turkish.
Please contact GMW lawyers for more information or to make an appointment.